Commercial Services

Private Insurance Affords Feds Protection

A November 9 article on BusinessInsurance.com reminds federal employees – particularly, those with security clearance – that private insurance is available to protect against unexpected administrative investigations or disciplinary actions related to their professional responsibilities.

The ‘primary benefit’ of insurance is in defending criminal and administrative investigations, said Peter Noone, a partner in the Belmont, Mass., law firm of Avery Dooley Post & Avery. Insurance, Noone said, is valuable in cases where an agency has employees that must have security clearance to do their jobs. If an agency attempts to take a security clearance away, the result can be ‘lethal’ to the employee’s career.

Posted by The Editors on Dec 10, 2009 at 09:57AM | Comments (0)

Lawyer Urges Challenging Clearance Revocations

In this blog posting, a Maryland attorney insists that any government revocation of a security clearance can be challenged and appeals to affected individuals to seek legal representation.

The power vested in those making security clearance decisions is tremendous, and all too often the power is exercised for the wrong reasons, and having little to do with the established criteria governing these decisions.

Posted by The Editors on Dec 07, 2009 at 11:43PM | Comments (0)

Security Clearances and Online Social Networking

In this interesting article from the November 2 Federal Times, an attorney examines the risks that participating in online social networking websites, like Facebook and Twitter, can have on the ability to acquire or retain a security clearance.

Posted by The Editors on Nov 23, 2009 at 12:16AM | Comments (0)

Expunging Criminal Records to Ease Clearance Apps

Some arrests or criminal convictions can sink plans to acquire a security clearance. Job and security clearance applications often ask for disclosures about arrests or convictions.

According to a November 11 article in the Wall Street Journal, amidst the difficult job market, more job-seekers are trying to expunge arrest and conviction records and more states are passing laws to help them do so. Also, more law practices are helping clients in this area, often for as little as $1,000.

Posted by The Editors on Nov 11, 2009 at 10:08AM | Comments (1)

New Online Service for Security Clearance Help

A new website, GetSecurityClearance.com, promises to match individuals with lawyers versed in the security clearance process to help them acquire a security clearance or resolve security clearance issues.

The site also contains a large library of resources about security clearances.

Launch of the new website was announced in this press release.

We cannot help but notice that the community of online resources devoted to education and services related to security clearances continues to get more crowded since the launch of our site, ClearedCommunity.com, in August 2006.

Posted by The Editors on Aug 08, 2009 at 04:59PM | Comments (0)

DoD Issues New Commercial Security Clearance

The Sacramento, California, Business Journal reported on June 26 that the U.S. Department of Defense has issued a new type of commercial security clearance to a favored supplier.

While we usually limit discussion at ClearedCommunity.com to personnel security clearances, we report this news because of heightened interest among contractors in pursuing business with the federal government.

Posted by The Editors on Aug 08, 2009 at 04:49PM | Comments (0)

Security Industry Conference to Include Session on Clearance Process Reform

An indication of increased public attention to the need for reforms in the security clearance process, an upcoming security industry conference in Atlanta will include a first-ever session. titled, “Transforming the U.S. Government Security Clearance Process.”

Another session will cover Office of Personnel Management background investigations.

Posted by The Editors on Aug 26, 2008 at 10:42PM | Comments (0)

Desire for More Cleared Personnel Fuels Acquisition

In the latest sign of continued competition for employees holding security clearances, Raytheon Corporation reportedly will buy Telemus Solutions, the third such acquisition for Raytheon this year.

Posted by The Editors on Jul 28, 2008 at 08:17PM | Comments (0)

Industry Conference on Clearance Reform

On May 7, the Information Technology Association of America (ITAA), which participates in the Security Clearance Reform Coalition, will host a half-day conference on security clearance reform near Washington, DC. Click here for more info.

Posted by The Editors on Apr 11, 2008 at 12:19PM | Comments (0)

Intel Officers Can Insure Themselves

According to an article in the January 20 New York Times, US Government officials can purchase professional liability insurance to cover costs associated with investigations into their conduct.

The standard policy costs less than $300 a year and “pays up to $200,000 in legal fees for administrative matters like investigations by Congress or an inspector general, or cases involving demotion or dismissal. An additional $100,000 is available for legal fees in criminal investigations, and the policy pays up to $1 million in damages in a civil suit.” Holders of security clearances may want to consider whether such insurance may be useful and available to them.

Posted by The Editors on Jan 24, 2008 at 04:29PM | Comments (0)

Legal Training in Security Clearance Procedure

On January 10, the District of Columbia Bar offered its latest course on security clearance procedure, this time on clearance adjudication at the Department of Defense. Click here for the announcement.

Posted by The Editors on Jan 21, 2008 at 07:06PM | Comments (0)

Fed Court Upholds Clearance Suspension

A Federal appellate court has upheld an administrative judge’s determination that an employee whose security clearance was suspended was legally removed from his job. The court found that the government had provided minimum due process in notifying the employee in writing of its reasons for suspending his clearance. Notably, the court determined that the employee’s oral reply and submission of documents constituted a sufficent response as allowed under law.

Posted by The Editors on Jan 21, 2008 at 06:30PM | Comments (0)

Judge Orders Defense Counsel Receive Clearances

According to a story in the Washington Post, a federal judge has ordered that the federal government issue security clearances to defense counsel for a Muslim accused of activities in support of terrorism, a rare judicial intervention into a domain usually left by the courts to executive-branch discretion.

Posted by The Editors on Dec 17, 2007 at 07:42PM | Comments (0)

Training in Acquiring and Managing Clearances

Training was held recently in the Washington, DC, area on how to acquire a security clearance and the roles and responsibilities of a Facility Security Officer (FSO).

Sept. 20 – 21 – Advanced DOD Security Clearance and Facility Security Officer (FSO) Training Workshop, “A 2-Day Workshop on the Methods and Process of Obtaining a Personnel Security Clearance, the roles and responsibilities of a Facility Security Officer and the ‘How to’ of day to day FSO activities,” Market Access Training Center, Arlington, Va.

For more information, go to www.homelanddefensejournal.com.

Posted by The Editors on Oct 26, 2007 at 01:44PM | Comments (0)

Attorney Wins "Foreign Influence" Appeal

An attorney reportedly has persuaded a Department of Defense (DoD) administrative law judge not to deny security clearance to his client based upon suspected “foreign influence” grounds.

The Government was concerned that the Applicant “may be manipulated or induced to help a foreign person, group, organization or government in a way that is not in U.S. interests or is vulnerable to pressure or coercion by any foreign interests.” The attorney submitted numerous character references and performance evaluations to DoD on his client’s behalf. The judge found that the information “alleviated any foreign influence concerns.”

Posted by The Editors on Oct 25, 2007 at 01:14PM | Comments (0)

Top Law Firm Wins Clearance Appeal

Nixon Peabody says it won an appeal of a Department of Defense (DoD) security clearance denial for a client who is foreign-born. The firm says a DoD administrative judge determined it was “consistent with the national interest to approve” their client’s application for a new Secret-level clearance, which he required for work with a contractor.

Posted by The Editors on Oct 25, 2007 at 12:46PM | Comments (0)

New Web Alliance Aims to Match Cleared Personnel With Jobs

Two online job boards reportedly have teamed to help persons with security clearances find jobs.

Posted by The Editors on Oct 24, 2007 at 10:05PM | Comments (0)

Feds Appeal to Private Sector on Clearance Reform

The US Government has issued a Request for Information (RFI) to industry soliciting solutions to help speed security clearance processing.

According to Federal Computer Week:

The Office of the Director of National Intelligence, the Defense Department and the Office of Management and Budget are seeking ways to meet Congress’ December 2009 deadline for improving the security clearance process.

The RFI reportedly asks vendors to submit strategies for completing 90 percent of security clearance investigations in 40 days and adjudications in 20 days.

Read more here or here.

Posted by The Editors on Aug 15, 2007 at 10:51PM | Comments (1)

Defendant Denied Preferred Counsel Due to Clearance

The lawyer chosen by a former senior CIA official to defend him in court against corruption charges reportedly has been forced to remove himself from the case because he refuses to apply for security clearance.

A judge removed a high-profile defense attorney on Monday from the case of a contractor charged with conspiring to defraud the CIA because the lawyer refused to submit to background checks.

U.S. District Judge Larry Burns said Mark Geragos placed an undue burden on the court by refusing to obtain a security clearance. Prosecutors said they would have to spend six months sifting through 17,000 pages of evidence to remove classified material because Geragos didn’t have the clearance to see it.

The move may delay the trial against former top CIA official Kyle “Dusty” Foggo and his best friend, contractor Brent Wilkes, Burns said.

Posted by The Editors on Jul 11, 2007 at 10:07AM | Comments (0)

Contractor Prevails at Clearance Revocation Hearing

An attorney whose client, a defense contractor, faced possible revocation of his security clearance after allegedly misusing a company credit card successfully defended against the U.S. Government which had argued that clearance revocation was in the interests of national security.

The attorney argued that the Administrative Judge consider the “whole person” concept in weighing the totality of facts and omissions. The Judge found in favor of the applicant for each and every allegation raised in the Government’s Statement of Reasons to revoke clearance.

Read more here.

Posted by The Editors on May 17, 2007 at 05:38PM | Comments (0)

New Advertising Supplement on Clearances

In March, the Washington Times introduced a new advertising supplement called the Security Clearance Employment Resource Network (SCERN) Report. For the most part, it includes ads by large government information technology and defense contractors soliciting applications for jobs from persons holding active security clearances.

Posted by The Editors on Apr 21, 2007 at 10:50AM | Comments (0)

Trade Group Serves Cleared Community

An April 2 news article in the Washington Post highlights the Intelligence and National Security Alliance, or INSA, a “non-profit professional association for members of the Intelligence Community,” located in Ballston, a northern Virginia neighborhood near Washington, DC.

An INSA official describes the group as, “a forum for thoughtful discussion on issues critical to the nation,” including “domestic intelligence, the security clearance process for contractor personnel and ways to highlight the innovation that is taking place across America in smaller companies.”

Posted by The Editors on Apr 03, 2007 at 10:19AM | Comments (0)

Cleared Jobs Supplement in the WashTimes

Yesterday’s Washington Times included a 12-page advertisement soliciting applicants for jobs requiring security clearance. The ad was sponsored by SCERN, the Security Clearance Employment Resource Network, an umbrella group of government contractors in the homeland security market. Page four of the ad was a backgrounder on how to acquire security clearance.

Posted by The Editors on Mar 06, 2007 at 04:15PM | Comments (0)

Blog Endorses Adjudication Hearings

Blog Lawyer carries a post urging persons holding Department of Defense clearances to take advantage of adjudicative hearings when those clearances are at risk of suspension or revocation. Persons who do so, the article argues, stand a better chance of retaining their clearance.

In all but the rarest of cases we strongly recommend that your case be decided through a hearing/appearance. For all practical purposes a security clearance decision is going to be won or lost at that hearing.

The article also traces an adjudication process:

...Central Adjudication Facility (CAF) issues a Letter of Intent (LOI); employee responds to LOI; CAF issues Letter of Denial/Revocation (LOD); employee appeals LOD; Administrative Judge issues recommendation; Personnel Security Appeals Board (PSAB) of CAF issues final decision.

Confidential clearances are said to last 15 years; Secret, 10 years, and TS, or Top Secret, five years, before a Periodic Reinvestigation, or PR, is triggered.

Posted by The Editors on Feb 14, 2007 at 12:23AM | Comments (0)

Legal Training in Handling Clearance Cases

The District of Columbia Bar Continuing Legal Education sponsors training on security clearance cases and how to defend against security clearance denials and revocations. The course is intended for both lawyers and persons holding clearances who want to better understand problems surrounding clearances. The next class will be held January 18, 2007.

Posted by The Editors on Jan 07, 2007 at 01:05AM | Comments (0)

ABA Review of Clearance Demand, Reform

In a March 2005 article (unavailable online) titled “Security Clearance Backlog Can Result in More Work, More Challenges for Lawyers,” the ABA Journal of the American Bar Association reviewed pending changes in security clearance investigations and their impact.

The backlog of investigations for security clearances had been increasing steadily in past decades, as did work for lawyers helping corporations and individuals get them.

Then came Sept. 11, 2001.

Now, security clearance investigations are more stringent and more numerous, driven by demand from a ramped-up defense industry and the new Department of Homeland Security. Backlogs have ballooned, and workers with the prized clearances are in short supply. But there is no shortage of work for their lawyers…

Posted by The Editors on Aug 10, 2006 at 03:01PM | Comments (0)

Employers Detail Challenges in Recruiting Cleared Personnel

In April 2006, the New York Times carried an article detailing the challenges facing employers seeking sufficient cleared personnel to meet the demands of available work. Creative recruitment techniques are discussed, and the shortage of cleared personnel is credited to the backlog in processing clearance applications.

Posted by The Editors on Aug 08, 2006 at 11:47PM | Comments (0)

Company Cites Cleared Work As Key To Business

July 26, 2006: An emerging technologies company specializing in defense and homeland security attributes its growing business, in part, to its “top security clearance [which has] enabled our company to build strong customer relationships with the Department[s] of Defense and Homeland Security.” This highlights the growing importance of securing classified work to succeed in this industry.

Use the Comments option below to brag about your company’s success in securing cleared work.

Posted by The Editors on Jul 28, 2006 at 10:47PM | Comments (0)

Payday Loans Put Cash-Strapped Sailors' Clearances at Risk

June 2006: Sea Power magazine reports that enlisted personnel have risked, and in some cases lost, their security clearance after taking high-interest payday loans that ultimately impair their finances and make them appear a security threat.

US Senator Jim Talent, citing security clearance concerns, is taking action to limit debt burdens associated with payday loans. Read about it here. An amendment he fashioned to limit interest charged military personnel reportedly was included in the 2007 defense appropriations bill.

Have military clearance adjudicators stepped too far here, or do they have a legitimate concern that cash-strapped cleared personnel might compromise classified information to improve their finances? Share your thoughts below.

Posted by The Editors on Jul 27, 2006 at 09:12PM | Comments (0)